Case 1:24-cv-00733-MN Document 28-2 Filed 11/25/24 Page 1 of 5 PageID #: 1630
`Case 1:24-cv-00733-MN Document 28-2
`Filed 11/25/24
`Page 1 of 5 PagelD #: 1630
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`EXHIBIT K
`EXHIBIT K
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`Case 1:24-cv-00733-MN Document 28-2
`Filed 11/25/24
`Page 1 of 5 PagelD #: 1630
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`EXHIBIT K
`EXHIBIT K
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`Case 1:24-cv-00733-MN Document 28-2 Filed 11/25/24 Page 2 of 5 PageID #: 1631
`Case TENOR 33-M
`Document
`28-2
`Filed 11/25/24
`Page 2 of 5 PagelD #: 1631
`NITED STATES
`PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
`18/197,070
`
`05/14/2023
`
`Paresh K. Patel
`
`104402-5074-US
`
`5568
`
`Morgan, Lewis & Bockius LLP (PA)
`1400 Page Mill Road
`Palo Alto, CA 94304-1124
`
`EGINWILLANTZ
`
`ART UNIT
`
`3698
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/27/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date” to the
`following e-mail address(es):
`
`donald.mixon @ morganlewis.com
`padocketingdepartment @ morganlewis.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Case 1:24-cv-00733-MN Document 28-2 Filed 11/25/24 Page 3 of 5 PageID #: 1632
`Case 1:24-cv-00733-MN Document 28-2
`Filed 11/25/24
`Page 3 of 5 PagelD #: 1632
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`Application/Control Number: 18/197,070
`Art Unit: 3698
`
`Page 2
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`DETAILED ACTION
`
`Notice ofPre-AIA or AIA Status
`
`1.
`
`The presentapplication,filed on or after March 16, 2013, is being examined underthefirst
`
`inventorto file provisions of the AIA.
`
`Double Patenting
`
`2.
`
`The nonstatutory
`
`
`
`rejection is based on a judicially created doctrine
`
`groundedin public policy (a policy reflected in the statute) so as to prevent the unjustified or
`
`impropertimewise extension of the "right to exclude” granted by a patent and to prevent possible
`
`harassment by multiple assignees. See In re Goodman,11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir.
`
`1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d
`
`937,214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970);and,
`
`In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome
`
`
`an actual or provisionalrejection based on a nonstatutory &
`« ground providedthe
`
`conflicting application or patent is shown to be commonly owned with this application. See 37
`
`CFR 1.130(b).
`
`Effective January 1, 1994,a registered attorney or agent of record maysign a terminaldisclaimer.
`
`A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
`
`
`
`
`
`Case 1:24-cv-00733-MN Document 28-2 Filed 11/25/24 Page 4 of 5 PageID #: 1633
`Case 1:24-cv-00733-MN Document 28-2
`Filed 11/25/24
`Page 4 of 5 PagelD #: 1633
`
`Application/Control Number: 18/197,070
`Art Unit: 3698
`
`Page 3
`
`the '614 patent. The only difference between the instant application and the '614 patent is merely
`
`a labeling difference.
`
`It is noted that all the features of claims 1-20 are contained in claims 1-25
`
`of the '614 patent.
`
`Claims 1-20 are rejected underthe judicially created doctrine of obviousness -type d
`
`
`
`
` : as being unpatentable over claims1-28 of U.S. Patent No. 11,501,296. Although the
`
`conflicting claimsare notidentical, they are not patentably distinct from each other because claims
`
`1-20 of the instant application are directed to a similar subject matter contained in claims | -28 of
`
`the '296 patent. The only difference between the instant application and the '296 patent is merely
`
`a labeling difference. Itis noted that all the features of claims 1-20 are contained in claims 1-28
`
`of the '296 patent.
`
`Claims 1-20 are rejected under the judicially created doctrine of obviousness-type daxike
`
`patentingas being unpatentable over claims 1-20 of U.S. Patent No. 11,481,772. Although the
`
`conflicting claims are notidentical, they are not patentably distinct from each otherbecauseclaims
`
`1-20of the instant application are directed to a similar subject matter contained in claims | -20 of
`
`the '772 patent. The onlydifference between the instant application and the '772 patent is merely
`
`a labeling difference.
`
`It is noted that all the features of claims 1-20 are contained in claims 1-20
`
`of the '772 patent.
`
`
`
`Case 1:24-cv-00733-MN Document 28-2 Filed 11/25/24 Page 5 of 5 PageID #: 1634
`Case 1:24-cv-00733-MN Document 28-2
`Filed 11/25/24
`Page5 of 5 PagelD #: 1634
`
`Application/Control Number: 18/197,070
`Art Unit: 3698
`
`Page 6
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`Conclusion
`
`5.
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to FRANTZY POINVIL whose telephone numberis (571)272-6797. The examiner can
`
`normally be reached M-Th 7:00AM to 5:30PM.
`
`Examinerinterviewsare available via telephone, in-person, and video conferencing using a
`
`USPTOsupplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto. gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Michael Anderson can be reached on 571-270-0508. The fax phone numberfor the organization where
`
`this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
`
`file and managepatent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit
`
`https://www.uspto. gov/patents/apply/patent-center for more information about Patent Center and
`
`https://www.uspto. gov/patents/docx for information about filing in DOCX format. For additional
`
`questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you wouldlike
`
`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)
`
`or 571-272-1000.
`
`/fp/
`
`/FRANTZY POINVIL/
`Primary Examiner, Art Unit 3698
`
`August 18, 2023
`
`
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